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Homosexuals > PACS, instructions

The Civil Solidarity Agreement (PACS) is not meant only for lesbians, not even only for the homosexual community...
So why have we addressed this question about the PACS on the pages dedicated to female homosexuality?
First of all, the PACS was born out of a demand from the homosexual community: for a homosexual couple, more than for any heterosexual couple, it represents the only legal possibility of giving them a legal status accompanied by a certain number of
civil, fiscal, and social advantages, as well as concerning housing. It is thus an unprecedented legislative advance in France, even if it remains imperfect.
Also, this site is not meant to present all the possible matrimonial regimes. We have kept the PACS because it seems to us that this system
has remained largely unknown, despite the strong debate on the subject in the National Assembly.
In this sense, this page seemed to us to have its place in a section of the website dedicated to a group who suffers from a particular but very real sort of violence: homophobia. The PACS - we are convinced - is also an event whose nature will help reduce this violence little by little..., in any case it helps.

A demand of the homosexual community dating from the early 1990's and a recent legal measure (law dated 15 novembre 1999), the Civil Solidarity Agreement or PACS allows legal status for a couple, in a relatively easy and free way, you perhaps.

Spring, Tamara de Lempicka

Who can get a PACS?

It can be contracted by two adult persons, no matter what their sex is as long as they are living under the same roof (communal residence required) and with the condition that they are:
not related directly (ascending or descending) or allied (parent/child, grandparent/grandchild, step parent/step child)
not collaterals (same family) up to and including 3rd degree (brother or sister, uncle or aunt, nephew or niece)
not linked by another union: marriage or another current PACS.

What is the procedure to follow?

No preliminary specific formality is necessary (no medical certificate or license ;-), no need of a lawyer or a notary, no ceremony or celebration, just a simple filing at the Tribunal d'Instance of your residence. In certain cases however, it might be useful to consult a notary to assure the legality of the arrangements engaging each of the partners (patrimony, debts, estate ...).

The PACS is a simple joint declaration for which no specific form is required, other than it must be written in French and with two original copies. Both copies must then be submitted to the Greffe du Tribunal d'Instance, accompanied by:
the integral copy of the birth certificates of both parties
a certificate of non-PACS for each party, which they may request from the Greffe du Tribunal d'Instance of their hometown
a divorce decree if need be, or the death certificate of the deceased spouse in case of widowhood.

How to dissolve a PACS?

There exist 4 reasons for termination, each requiring a specific procedure. The PACS can be ended by mutual agreement or unilaterally by one of the partners, it also ends automatically in the case of marriage or death of one of the two pacsees :

1. Mutual agreement of the partners: once the partners decide by mutual agreement to terminate the PACS, they submit a written joint declaration to the Greffe du Tribunal d'Instance for which at least one of the persons is dependant due to residence.
2. Unilateral choice of one partner: once one of the partners decides to end the PACS, she needs to signify her intention to terminate by serving notice by a bailiff (huissier). The agreement ends 3 months after being served by the bailiff, if the copy has been sent to the Greffe. Property ownership and any debts are not modified during these 3 months.
3. Marriage of one of the partners: the person who got married must signify by bailiff to her partner and send a copy of her birth certificate to the Greffe du Tribunal d'Instance which recorded the initial act showing the signification confirming the marriage. The PACS ends as of the date of the marriage.
4. Death of one of the partners: the PACS ends by the death of one of the partners. The surviving partner, or any interested party, must send a copy of the death certificate to the Greffe du Tribunal d'Instance which recorded the initial act.

Consequences of the dissolution

The partners proceed themselves to the liquidation of the rights and obligations resulting from the agreement. If unable to reach an agreement, a judge decides the legacy consequences of the rupture. He may also order payment of damages on behalf of the partner who suffered damage.

The Legal Impact of PACS

[ fiscal section ] [ housing section ]

The partners bring each other a mutual and materiel assistance. The methods of this assistance can be specified in the agreement. Any clause disregarding the obligatory nature of this assistance shall be null and void. In addition, in the case of a dispute, it will be the judge's duty to establish the responsibility of each partner, considering their respective situations.
The law anticipates that the pacsees are jointly responsible concerning debts contracted to a third party by one or the other for daily living expenses (including the education of children if need be) and the expenses relative to the conjugal home.
The personal belongings acquired before the PACS remain the original owner's. Items which furnish the conjugal home are divided equally if no other provisions have been made (which might specify the distribution); the same applies to any items for which the date of purchase cannot be established. The other material and real estate assets, acquired after the PACS agreement, are divided equally, except if it has been agreed upon differently on the purchase act.

[ civil section ] [ social section ] [ housing section ]

The law dated 15 novembre 1999 plans for the joint imposition for income tax of the partners linked by a PACS for the income in the year of the 3rd anniversary of the filing of the agreement. The imposition applies automatically, and not optionally.
The law considers the pacsees as spouses concerning all the other tax rules, liquidation, payment and audits of income tax and direct local taxes.
Like married couples and concubines, pacsees are subject to a joint imposition concerning inheritance taxes. Both partners are jointly responsible for the payment.
A reduction of transfer fees (free) is anticipated in the case of legacy or donation made to benefit a partner linked to the donator or to the testator by a PACS. Attention, the remaining partner receives nothing in the absence of a will.

[ next : social section ] [ next : housing section ]

[ fiscal section ] [ housing section ]

 The law plans for the attribution, with no waiting period, of eligibility for all Social Security services health and maternity insurance to the partner who has no other benefits.
In addition, the law includes the partner in the list of the beneficiaries of the death capital. The payment of the capital is made by priority to the persons who were under full and permanent responsibility of the insured on the day of death. The partner takes her place on this list before the descendants.
The PACS also has the effect of suspending the advantage of certain benefits: welfare and widowhood benefits.
Article L.223.7 of the Work Code is now applied to pacsees: the employer must fix vacation dates taking into account the partner's vacation dates possible. He must grant to pacsees working in the same company the right to the same dates off.
A priority for a transfer in order to bring a person closer to the partner with whom a PACS has been signed, and from whom they have been separated for professional reasons, has been started in the three civil services. A priority in terms of detachment and making available is also planned in hospital and municipal civil services.

[ civil section ] [ fiscal section ] [ social section ]

The law dated 15 November 1999 inserts the person having signed a PACS with the renter of a lodging in the list of the beneficiaries for the continuation or the transfer of the lease. No minimum time of cohabitation is required. In other words, in case of desertion or the death of a partner, the other may remain in the residence and take over the lease in her name, even in the case of competition with other heirs (death).
In addition, the partner having concluded a PACS with the owner (proprietor of a rental property), recorded on the date of notice, or her ascendants or descendants, is also on the list of beneficiaries to take over the lease, with no minimum time duration of the PACS.

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